C.R.P.No.29 of 2003

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON : 09.10.2023

DELIVERED ON : 17.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

C.R.P.No.29 of 2003

1.The Special Commissioner and

Commissioner,

HR&CE Administration Department,

Nungambakkam High Road,

Chennai-34.

2.The Joint Commissioner /

Executive Officer,

Arulmighu Dhandayuthapaniswamy

Devasthanam, Palani,

Dindigul District.

... Petitioners

Vs.

1.Saadhu Seenimalai Thambiran Swami

Madam (Trust Palani),

Represented by M.Sasikumar.

2.V.V.Vasan

3.N.Kanagamani

4.P.Raman @ Ramu Thevar

5.N.Ravikumar

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C.R.P.No.29 of 2003

6.M.Purushothaman

... Respondents

(R-1 name substituted vide order, dated 05.06.2014

made in M.P(MD)No.1 of 2014 in C.R.P.No.29 of 2003)

(R-2 to R-6 impleaded vide order, dated 22.07.2009

made in C.M.P(MD)No.1908 of 2005 in C.R.P.No.29 of

2003)

PRAYER : Civil Revision Petition is filed under Article 227 of the

Constitution of India, against the decree and order passed in Trust O.P.No.7

of 1996, dated 06.12.1999 and consequential decree, dated 28.06.2000 on

the file of the learned District Judge at Dindigul, allowing the said petition

filed under Section 34 and 35 of the Indian Trust Act and praying to set

aside the same.

For P-1

: Mr.C.Satheesh

Government Advocate

For P-2

: Mr.K.Govindarajan

For R-1

: Mr.M.Saravana Kumar

For R-2 & R-4

: Mr.Isaac Mohanlal

Senior Counsel

for Mr.H.Thayumanasamy

For R-3

: No appearance

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C.R.P.No.29 of 2003

ORDER

The present Revision Petition has been filed by third parties to Trust

O.P.No.7 of 1996 on the file of the Principal District Court, Dindigul,

challenging an order, dated 28.06.2000, wherein the learned Principal

District Judge was pleased to permit the respondent Madam to alienate the

properties. After obtaining leave of the Court, the third parties, namely, the

Hindu Religious and Charitable Endowment Department and the Executive

Officer of Arulmigu Dandayuthapaniswamy Devasthanam, Palani have filed

the present Revision Petition.

2. Facts leading to the filing of the present revision petition are as

follows:

(i) Saadhu Chennimalai Thambiran Swamy Madam represented by

one L.Manoharan had filed Trust O.P.No.7 of 1996 before the Principal

District Court, Dindigul contending that the petition scheduled properties

and other properties having an extent of around 23 acres were purchased by

one Chennimalai Vellalar Thambiran under a registered sale deed, dated

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C.R.P.No.29 of 2003

02.07.1910 as his separate property in his individual name. The said

Thambiran had dedicated himself to religious activities and he had

established a Madam and he was performing Guru Pooja and Annadhanam.

In the year 1925, he passed away leaving behind his only daughter,

Chenniammal.

(ii) The said Thambiran, was interned in Samadhi and nearby the said

Samadhi, a Vinayagar Temple was also constructed. Swamigal's daughter,

Chenniammal had passed away leaving behind her sons, Chennimalai

Gounder, Chellappa Gounder and Ramasamy Gounder. The legal heirs were

also continuing with the religious duties performed by Thambiran

Swamigal.

(iii) Chenniammal and his sons jointly had created an endowment

deed on 09.05.1930 appointing five persons as trustees for managing the

properties and to continue the religious duties. Out of the five

administrators, Vellaiyangiri Gounder and Pongiya Gounder had passed

away. Narayanaswamy Gounder and Kuppusamy Gounder were not keeping

in good health and they were not able to administer the properties. In such

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C.R.P.No.29 of 2003

circumstances, A.G.Velayudha Gounder, one of the trustees had filed

O.A.No.10 of 1968 before the Deputy Commissioner,